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Re: What can stop an eviction after a judgement? (I'm the plantiff)

Posted by Kristine-CA on May 24, 2010 at 6:48 PM

In Reply to: What can stop an eviction after a judgement? (I'm the plantiff) posted by Carl Albert on May 24, 2010 at 4:49 PM

I think CA law says that it's too late for a BK to stall eviction at this point. They would have had to file BK before the case and judgment.

I was once able to get tenants to leave days before the scheduled sheriff lock out by speaking with the wife and explaining what it will look like. However, they had children and neighbors and understood, after explaining, how they really didn't want that. I was amazed. They left the place free of damage and broom swept clean.

Since it doesn't sound like you have such a tenant, you could try just once more to make it clear what's going to happen. No negotiating, just a courtesy call to let them know that when the sheriff comes it really IS a lock out, that the property will be locked, boarded, with overnight security (lay it on). They will not have access to their possessions or ability to re enter. It's worth a try. It's also helpful if they do move, as you're stuck with dealing with personal property if they don't move it themselves.

You may get a request for more time to move, which I would deny at this point.

: We recently filed a UD in Orange County based on a trustee sale. The property is occupied by the past owner and his son (a convicted felon). The prior occupant was served properly, including a Pre-judgment Claim of Right to Possession, and never filed a response. We have a judgement and the sheriff served the notice to vacate last week. We should have a lockout this week.

: We tried to negotiate a cash-for-keys but were unable to do so. The father lets his son do all the talking and he is all threats and no business, not too bright.

: Now that the notice to vacate has been served, he is calling threatening to sell all the appliances and destroy the home and that he can keep this case wrapped up in court for the next 6 months.

: Question is, other than BK, what could the occupants do to stave off the lockout? Anything?

: Any other suggestions as to how to handle this case?

: Much thanks in advance!

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